In Prowel v. Wise Business Forms, Inc., the 3rd Circuit Court of Appeals held that gay employees “can prevail, if they prove their harassers were motivated in part by gender non-conformity – even if those harassers were also motivated by sexual orientation.”

In other words, if heterosexual employees are harassing gay co-workers because they’re not acting like a straight man or woman (men who are seen as being too effeminate or women who are seen as too macho), that can qualify as gender-based discrimination.

Employers cannot automatically assume that sexual orientation claims will be dismissed by a court as unprotected under Title 7. The allegations of discrimination must be evaluated in light of gender stereotypes.